Ontario Weekly Reporter and Index-Digest Volume 14 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...J. C. Makins, for township. ' Motion to quash a by-law of the township authorising the issue of debentures to the amount of $20,000 for the purpose of granting aid to that amount to the St. Marys and Westerll Ontario Railway Co. 7. RE DALE AND THE TOWNSHIP OF BLANSHARD. 705 TEETZEL, J.: ---The by-law voted upon on the 21st May last was carried by a substantial majority of the ratepayers to whom it was submitted. The objection chiefly relied upon by Mr. Robinson was that the voting was not upon a list of voters based upon the last revised assessment roll, as required by sec. 348 of the Consolidated Municipal Act, 1903; and in support of the objection relied upon these undisputed facts, viz., that the assessment roll for 1909 was duly returned to the township clerk on the 30th day of April; that the Court of Revision sat on the 18th day of May, and the voting took place on the 21st day of May.' Section 65 of the Assessment Act, 4 Edw. VII. ch. 23, provides for notices of appeal against the assessment roll to the Court of Revision being given within fourteen days after the return of the roll. The last day for appealing was therefore on the 14th May.. Section 61 of the Assessment Act provides that the first sitting of the Court of Revision shall not be held until after the expiration of at least ten days from the expiration of the time within which notices of appeals may be given to the clerk of the municipality. The Court could not therefore have legally held its first sitting before the 24th May, which was three days after the voting. See Tobey v. Wilson (1878), 43 U. C. R. 230. I think the objection must be sustained. The court of revision is a judicial body appointed by the Act, and obtains its whole jurisdiction from the provisions...